Online Reviews and Social Media Posts: Defamation Risks, Takedowns and Your Rights

A harsh review or post can feel like an attack, but not all harmful speech is illegal. At the same time, false statements of fact can have legal consequences.

What counts as defamation

• A false statement of fact, not opinion.
• Communicated to others.
• That harms reputation.
• Made with the required level of fault, which depends on who the target is.
• Not protected by a privilege or defense.

Fact versus opinion

Statements that can be proven true or false, such as "he stole money from clients," are factual. Statements of subjective opinion, such as "the service was terrible," are generally protected, particularly when based on disclosed facts. Calling something an opinion does not protect a statement that implies false facts.

Truth and defenses

• Truth is generally a complete defense.
• Opinion based on true facts is protected.
• Some states have anti-SLAPP laws that help dismiss lawsuits aimed at silencing speech on public issues.
• Consumers have federal protection against being penalized for honest reviews under the Consumer Review Fairness Act.

If you receive a negative review

Stay calm, avoid angry replies and consider responding professionally and factually. Report reviews that violate platform rules, such as fake reviews or harassment. Do not threaten the reviewer or offer payment for removal, which can backfire. See our guide to defamation.

If you are threatened with a lawsuit

Do not delete evidence, do not post further about the dispute and consult a lawyer. Many threats are bluffs, but some are real. Your response and timing matter. See our guide to receiving a cease and desist letter.

Platforms and Section 230

Federal law generally protects platforms from liability for what users post, so suing the platform is rarely effective, while the poster may be liable. Platforms have their own removal processes, and court orders can be used to remove content found defamatory.

Practical tips for posting

Stick to facts you can support, keep records such as receipts and messages, avoid accusing people of crimes and consider how a post reads to others. Remove or correct statements you learn are wrong.

Real-life scenarios

1. A business owner replies politely to a harsh review and reports a fake one.
2. A customer posts factual complaints with receipts and avoids a lawsuit.
3. A poster who accused a contractor of fraud without proof receives a demand letter.

Common mistakes to avoid

• Stating accusations as facts.
• Responding angrily.
• Deleting posts after a legal threat without advice.
• Offering money for removal.
• Assuming opinions are always protected.
• Ignoring platform reporting tools.

Questions to ask a professional

• Is this a fact or an opinion?
• Can the statement be proven true?
• Does an anti-SLAPP law apply?
• Can the platform remove it?
• Should I respond or ignore it?

A practical action plan

1. Preserve the post and context.
2. Evaluate fact versus opinion.
3. Report policy violations.
4. Respond carefully or not at all.
5. Consult a lawyer if threatened.

Terms you may hear

• Defamation: a false statement of fact harming reputation.
• Libel: written defamation.
• Slander: spoken defamation.
• Section 230: federal law limiting platform liability for user content.
• Anti-SLAPP: laws that help dismiss suits aimed at silencing speech.

Frequently asked questions